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Regulation (EU) No 20/2013 of the European Parliament and of the Council of 15 January 2013 implementing the bilateral safeguard clause and the stabilisation mechanism for bananas of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other article 2 CELEX: 02013R0020-20170101 Principles
1. A safeguard measure may be imposed in accordance with this Regulation where a product originating in a Central American country is, as a result of the reduction or the elimination of the customs duties on that product, imported into the Union in such increased quantities, in absolute terms or relative to Union production, and under such conditions as to cause or threaten to cause serious injury to the Union industry. 2. A safeguard measure may take one of the following forms: (a) a suspension of a further reduction of the rate of customs duty on the product concerned provided for in the Tariff Elimination Schedule; (b) an increase in the rate of customs duty on the product concerned to a level which does not exceed the lesser of: — the most-favoured-nation (‘MFN’) applied rate of customs duty on the product in effect at the time the measure is taken; or — the MFN applied rate of customs duty on the product in effect on the day immediately preceding the date of entry into force of the Agreement. 3. A safeguard measure shall not be applied within the limits of the preferential duty free tariff quotas granted by the Agreement. |